Docket No. 101536.

176 Mich. App. 524 (1989)

440 N.W.2d 75


Michigan Court of Appeals.

Decided April 18, 1989.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, L. Brooks Patterson, Prosecuting Attorney, and Daniel J. Garber, Jr., Assistant Prosecuting Attorney, for the people.

Carla J. Johnson (by James S. Lawrence), for defendant.

Before: WAHLS, P.J., and HOOD and N.J. KAUFMAN, JJ.


On March 9, 1989, this Court, on its own motion, vacated its judgment in this case issued on January 9, 1989, and retained the matter for reconsideration. Of concern was the effect of a constitutional provision and its case-law precedent, uncited by the parties, on the issue of the propriety of a police officer's ordering a driver out of his car after having stopped the driver for a traffic violation. Two judges of this panel concluded that the Michigan...

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